Trademark registration related to business law of Qatar Research Paper

Trademark registration related to business law of Qatar - Research Paper Example There have been cases in the world previously where one company thrives out of piracy by enjoying the goodwill of another company. This is a criminal offense in the business world today. Trademark law was developed to counter this offense. Trademark law is a set of rules developed by countries, trade blocks or international bodies that protect trademarks within their jurisdictions hence eliminating unfair competition. The service mark is different from a trademark in that a trademark serves to protect products while service mark serves to protect services. According to the Oxford business group, The Qatar government has a trademark law in place that was established in the year 2002.   This law states that trademarks are protected in the nation of Qatar as per law number 9 of 2002, known as the Trademarks Law. This term is effective from the date of registration and is afterward renewed after every ten years. At the moment, applications for patent protection registration service cen sing are made to the Gulf corporation council patent office, which does the registration of patents throughout the Gulf corporation council member states; since Qatar does not yet have a patent registration system of its own. In the case of an infringement of a person’s intellectual property rights, he or she can file a complaint with the trademarks office and in some cases, the matter may be reported to the police. An application will be turned down if it is not unique, or it just describes the product or service it is representing.

Visual Literacy in Business Essay Example | Topics and Well Written Essays - 250 words - 4

Visual Literacy in Business - Essay Example The primary purpose of this literature is to win the interest of people to buy this idea or influence them to watch the whole movie (Lopate, 2006). For instance, the trailer for the movie â€Å"That Sugar† is to motivate to try to know the contents in the documentary in detail. That will enable viewer make a reliable decision as far as sugar concerned. The motion pictures are more influential as compared to images and still photos in that; the motion pictures show the exact flow of the movie thus bringing out the theme in the movie apparently. Therefore, motion pictures are more convincing because they bring a real life scenario. However, the motion picture is the ones that can effectively communicate the flow of the movie as well as the themes in the film. Moreover, motion pictures will aid in quick introduction of the main characters to the viewer, thus generating a desire to watch the entire film. Finally, the trainer also enables an individual to know what kind of movie to watch. That is the trailer will communicate to the viewer the whole about of the movie thus avoiding at an early stage or redevelops the desire to watch it. Therefore, the trailer is an advertising tool that producers use to catch the attention and desire of the viewers to the

Industrial Air Pollution In Trinidad And Tobago Environmental Sciences Essay

Industrial Air Pollution In Trinidad And Tobago Environmental Sciences Essay The contamination of the atmosphere by any toxic or radioactive gases and particulate matter as a result of human activity defines air pollution. (EMA State of the Environment Report 2000) Over the years Trinidad and Tobago has focus on industrialization developing several industrial estates but greater focus was made to the energy sectors. They current have three major energy based industrial sites. The Point Lisas industrial estate, Point a Pierre petroleum refinery and Liquefied Natural Gas plant (LNG) located in Point Fortin. Trinidad and Tobago is considered to be one of the most industrialized countries in the Commonwealth Caribbean region. We have been blessed with a vast array of natural resources ranging from oil, natural gas and asphalt to manufactured petrochemicals. Despite the fact that oil production and refining is one of our main industry, petrochemicals and to a lesser extent steel plays great importance in the company economic growth. Trinidad Tobago is worlds leading exporter of both methanol and ammonia, currently they supply the largest source of LNG is exported to the United States. Early views and realization of Air Pollution To the general public air pollution was considered to be chemical emissions and that suspension and secondary pollutants will just dissipate with the aid of the wind and rain. As the country moves into a second wave of industrialization with several proposed plans of building the next economic hotspot in the Caribbean (Invest in TT Downstream Energy), concerns has been made toward the quality of air what we live and breathe. It was only years later when technology began to play an important part in analyzing pollutants and air quality that it was realized that air pollution was just as important as water pollution. The industrial sector in Trinidad Tobago is one of the most dynamitic in the Caribbean and this is reflected in the diverse nature of its pollutants. Table 1 illustrates the numerous industry classes, commodities produced, production process and resulting in air pollutants. Map 1: Existing Proposed Energy Base Industrial Estates in Trinidad Table 1: Industry in Trinidad Tobago and air emission they emit INDUSTRY PRODUCTS SOURCES AIR POLLUTANT Petrochemical Menthol, ammonia, urea, ethanol, liquefied natural gas Fossil fuel processing, industrial processes Carbon Dioxide, Sulfur dioxide, nitrogen oxides, Carbon Monoxide Manufacturing Metals, cements, consumer products Manufacturing and extraction process, stock piling of raw materials, fossil fuel burning Carbon Dioxide, sulfur dioxide, nitrogen dioxide, nitrogen oxides, particulate matter PM (soot, dust, asbestos fibers, pesticides and metals). Volatile Organic Carbon (VOC) Transportation vehicles Incomplete combustion Carbon Monoxide, particulate matter Petroleum Refineries Refined oil, oil base products and sulfur /acids production Fossil fuel burning, extraction process, transportation process, storage process, Carbon Dioxide, sulfur dioxide, nitrogen dioxide, nitrogen oxides, methane, particulate matter (soot, dust, asbestos fibers, pesticides and metals) Agriculture Animal waste, plant waste Animal waste disposal/processing, rice paddies and wetlands, plant metabolism, land clearing Methane, Carbon monoxide, Carbon Dioxide, particulate matter (dust), VOC Electrical Power generation Electricity Fossil fuel burning, Particulate matters, Sulfur dioxide, nitrogen dioxide, carbon dioxide, nitrogen oxide, VOC Mining Quarrying Aggregate Blasting, mining, washing, extraction process Suspended Particulates Matters (SPM); Total suspended particles (TSP); Particulate matters. Wholesale and Retail All consumer products Service station operations, truck filling stations VOC Locations of Main Industrial Sectors With industrialization comes a need for people to benefit with the high level of employment in these areas. The demographic transition cycle in Trinidad and Tobago is fairly predictive with many of the populated areas following the same paths along the industrialized map. (Map 2)In the initial stages of industrial development focus was made on establishing industries in sparsely populated areas. The intention was also to take advantage of the favorable wind direction which would direct most of the air pollutant west ward over (for the most part) approximately 5 miles of uninhabited land space and then to the Gulf, with the intension that the vegetation would be affected in a minor way during the dry season and would be assisted by run off during the rainy season. This idea inadvertently leads to another pollution problem. This proved to be a short term imitative, as these areas soon became an attractive alternative to the long commute thus encouraging the establishment of make- shift villages and shanty towns. This was also fueled by the fact that the southern and eastern main road were in close proximity to these estates. Over time these villages soon became establish resistances acquiring basic utilities and official mailing addresses. The industries were now faced with a new obstacle. They now had to focus their attention to both the environment and the neighboring population. Table 2 identifies the main industrial pollutants found in Trinidad and Tobago and its effects on both the environment and humans. Map 2: Industries and major roadways Table 2: Main Industrial Pollutants and their Adverse Health and Environment Effects POLLUTANT EFFECTS ON HUMANS EFFECTS ON THE ENVIRONMENT Carbon Monoxide- CO It is absorbed through the lungs reducing the bloods capacity to transport available oxygen to the tissues. Depending on the exposure level it produces flu like symptoms usually not recognized and may results in death There is minimum effect on the environment. Sulphur Dioxides SO2 Depending on the exposure level it can cause: cause wheezing, chest tightness and shortness of breath, respiratory illness, alterations in the lungs, it aggravates existing cardiovascular disease. When SO2 combines with water, it forms sulfuric acid, which is the main component of acid rain. When acid rain falls it can cause deforestation, acidify waterways to the detriment of aquatic life. It also corrodes building materials. Acid rain changes the physical appearance of vegetation plants metabolism impaired Nitrogen Dioxide (NO2)/Oxides of Nitrogen NOx At low levels it has minimum or no effects on human health. However high levels NO2 can cause respiratory problem, increase a persons susceptibility to, and severity of infections and asthma. It can also affect the sensory system. It is harmful to vegetation, can fade and discolor fabrics, reduce visibility. Vegetation exposure to high levels of NOx can be identified by damage to foliage, decreased growth or reduced crop yield. Volatile Organic Carbon -VOC There are no general health effects of VOC because other gases make up VOCs however some gases may be toxic and/or carcinogen. Levels of exposure and time exposed can cause damage to the liver, kidney and central nervous system. It is known to cause cancer in animals. Suspended Particulates Matters (SPM); Total suspended particles (TSP); Particulate matters. Health effects on SPM in humans depend on the particle size and concentration can cause long term exposure increases the rates of respiratory illness and symptoms. Particulates can accelerate deterioration of surface and material. It has the potential to cause modification of the climate and contributes to acid deposition. Control Strategies Physical, Managerial and Legislative to Air Pollution The visionaries of the early industries focus little on health safety and the environment and this was reflected in the level of controls initiated by the industries. Controls were mainly one dimensional and fail to focus on the holistic views of health safety and environment. Public opinion and outburst resulting from the increasing number of medical complaints and the decrease quality of agriculture produce with allegations pointing towards the emission from these industries, prompted management to use technology to assist in the establishment of more stringent controls. This technology was also instrumental in pinpointing the actual adverse effects as a result of these emissions. Physical Controls The physical control represents the processes responsible for acquisition of raw material, storage, manufacturing and distribution processes. Use of Suppression Techniques The numerous pollutants that emit daily, through smokestacks petrochemical and petroleum industries together with major health effects, force industries to reduce the pollutant at the source. One of the proven ways of reducing these pollutants is installing scrubbers and in other cases bagging houses in the emission system. The use of end -of- pipe technology is being adapted by some industries, it is used to remove already formed contaminants in the air however it is proven to be very expensive and many industries internationally would rather pay the fines for higher emission levels than use this technique. In other words it is regarded as the less of two evils. These techniques force industries to adopt generic prevention strategies and solutions, only resorting to the more expensive techniques when face with dire consequences. Environmental Friendly Process With increasing pressure from environmental activists calling for industries to be more sensitive towards the environment, many industries have restructured their processes whereby recycling waste material as a new raw material to produce a second product. This process has been adapted by Methanol Holding Trinidad Limited (MHTL) were they have constructed an AUM plant. This plant is the first of its kind in Trinidad and Tobago being the most environmental friendly of the MHTL family. This plant comprises a diversified petrochemical complex to manufacture Urea Ammonia Nitrate (UAN) and Melamine using feedstock from integrated urea and ammonia plants. (MHTL) The local cement factory adopted several controls strategies to deal with the air pollution problem within its manufacturing process. A change from blasting to stripping of the main raw material (limestone) aided in the reduction of dust emissions that was affecting the neighboring community at their quarrying central Trinidad. The transportation of the limestone was also change from dry to wet thus also reducing the potential dust particles entering the atmosphere during transportation from quarrying to the process plant. At the out skirts of the processing plant itself major landscaping was done to create hills around the factory adorned by buffer trees with sole intension is to reduce the level of dust exposure to the neighboring community. Managerial Controls Self Regulation These controls consist of policies, systems and standards that govern and manage the organization. The establishments of the Key Performance Indicators (KPI) help management keep focus in order to sustain established targets. Company policies and procedures acts as guidelines to maintain order and structure within the organization. The introduction of ISO standards advertises the companys procedures to the industrial world thus ensuring that whatever measures initially introduced are sustained by the certification audits conducted annually by an international process auditors. Legislative Controls Currently in TT there is no legislation that refers directly to controlling of air pollutant emitted by industries. This is merely due to the fact that early monitoring system generally focus on water and land pollution the understanding of air pollution did not produce tangible evident because of technological short falls. The existing legislation addresses non specific air pollutants like the Petroleum Act (rev. 1980) section 29 (1) (j) prevention of air pollution and the Public health ordinance (1950), section 70 (1) (m) prohibits blacks smoke from chimneys. Even though the EMA was establish and is the countrys sole environmental body responsible for managing, regulating and coordinating environmental matters. The EMA has only managed to draft the Air Pollution Rules 2001 however to date 2010 these rules have not been made law. Trinidad and Tobago being a member of the Commonwealth and the United Nations has benefited from the research and technological advancement from these more developed countries (MDC). Initiatives such as the Montreal Protocol (1989 the control of CFCs) and the Kyoto Protocol (1997 the reduction of Greenhouse Gases) assisted the legislative process of TT by association. The only way legislative was establish was by piggy backing on the achievement of the more developed countries it seems that this was the only way the law maker could have had any impact on defaulters of air pollution in Trinidad. Only when legislation is pass the country can benefit from some effective control measures where polluters are prosecuted and emission limits are set for all industries. Conclusion Trinidad and Tobago historically is a nation of followers there have been very few instances where we were not promoted or assisted in some way or the other in achieving established goals and the topic of pollution is no exception. Have we ever wonder why the one establish air pollution laws stems from a diplomatic relations within the commonwealth and the United Nations or why we had to wait until the advent of OSHA to enforce existing safety laws in our country. The answer is simple we are still waiting to follow no wonder legislation spear headed by locals are treated with scan courtesy. Had these laws been establish in some first world convention they would have been rooted in the seams of our judicial system years ago? Many of the existing pollution laws governing the more develop countries were mainly as a result of international pressure, sadly Trinidad and Tobago is not view as a major polluting nation because of its geographical location and size. Evidence of pollution aware ness is mainly seen in the new establish manufacturing countries whose parent companies originate overseas. It is only amongst of fellow less develops countries and Caribbean members that Trinidad and Tobago is recognize as a polluting nation sadly these countries have little impact on global view. Despite our shortcomings, internally there has been an intensified effort to effectively monitor record, control and enforce pollution reducing systems and strategies. Internationally the over site of Trinidad and Tobago (a country that can easily fit into the Orinoco River with a population that barely exceeds large town in the United States) has not deterred local efforts to manage the levels of air emissions.

Social Deviance Essay -- essays research papers

"Social Deviance" Social deviance stems from the passive-aggressive attitudes parents have upon their children. This pressure, coupled with society's own conformist attitude, causes certain members of the society to drift toward what sociologists call deviant groups. These deviant groups, like punks, hippies or other radical organizations, often fight against a society they deem unworthy of their attention and thus ignore. However Emile Durkheim pointed out that deviance is important for the structure of society (Durkheim 1893,1964). Certain groups deviate from social norms because of both their raising and social pressures at the time while others conform for the exact same reason. "One of the main reasons people choose to conform to society is that their family responsibilities impose caution. Also the weakening of youth's rebelliousness because the youth has begun to find his own identity (Dr. Spock, 1969)." People who conform to society's wishes may also be greeted with more job expectations and higher wages. Oft times these people will choose a specialist in their field and pattern their behavior after this person. This type of social conformity is extremely necessary to any growing society. Without this kind of conformity the greats of civilization would likely never exist. As each great followed in the footsteps of another, for example Thomas Edison followed in the footsteps of Aristotle, society continues to progress in leaps in bounds. The social order can thus be maintained by social conformity. Conformity also adds to the level of social control a society can attribute to its overly passive citizens. The more conformist and meek a socie ty is the easier it is for the controlling class to subvert the general citizen and force them in to their own beliefs of social control. "The conformist aspect of society seeks to subvert and control the more deviant aspect, taking an approach of them and us (Graffin, 1996)." The socialization process seems to favor those in society who would choose to conform. This makes sense since the socialization process is based upon parents teaching, and rearing, their children to become productive members of society. Almost all societal pressures aid those who would choose to conform to society, so why would anyone choose social deviance as their means of public o... ...eving they don't need belief or other people. This type of self-destruction is common among social deviants and indeed expresses much about why youths would choose deviance as a way of life (Klockars, 1974)." The social deviant often conflicts dramatically and violently with the social conformist. Two examples of this are the 60's and, in Britain, the early 80's punk movement. More examples are likely to appear as our society's atrophy spontaneously creates more and more deviant subcultures. Social deviance is difficult to define, as each group chooses to be known in their own particular way. Social conformist is not as difficult as it is the standard with which we are all identified. Without deviance, however, how we come to know what is normal? The answer to that question is we wouldn't the deviant both makes our perception of society more clear and causes us to react and act according to our beliefs. Either hatred or understanding, the end result is irrelevant it is merely the existence of the action that is important. Thus, society can continue to grow and change thanks to those who would choose deviance over conformity and chaos over order.

African American and Their Rights Essay

Since slavery, African Americans have gone through a lot to reach their current state. In the early 20th century, African Americans faced discrimination, isolation, and were segregated according to their skin color. It started when Europeans brought the first Africans to America, and continued throughout the Civil War. The American government made some changes in policies. A variety of leaders shaped the successful struggle toward black equality in America (Bowles, 2011). Ever since slavery begun, African Americans have been determined to end segregation, discrimination, and isolation. Activists such as, Martin Luther King Jr. and Malcolm X, and others, joined together to put an end to segregation, discrimination, and isolation to attain civil rights and equality. Slavery had changed dramatically in the late 1600s. About this time the slave trade to American colonies also began increasing to meet the demand for cheap labor. Traders sold slaves to the Northern colonies, but English and other European immigrants satisfied the demand for labor there (Echerd, 2009). Slaves in America came from western and central Africa. African tribes sometimes enslaved those defeated in intertribal wars and sold their captives to European slave traders. The tribes raided villages to obtain slaves to trade for European goods. Slave traders had even offered the Africans guns and other goods for the slaves. Slaves lived a rough, hard life. Cheap labor was a huge part of their lives. They had to work from sunrise to sunset. The work consisted of clearing land, tended to fields of tobacco, rice, and vegetables. They also performed many other tasks that had helped make plantations almost completely self-sufficient. No slaves saw any money for their tasks that they had performed, but they did receive food, clothing, and shelter. The slaves had resided in small one-room huts, which had no windows and the floors were all dirt. Most slaves accepted their living condition, however, they knew no other way of life (Koehler, 2009). However, white Southerners regained control of state governments in the South during the late 1870s, however, and reversed most of the previous gains made by former slaves. For example: segregation. What is segregation? According to Webster’s Dictionary, to segregate is defined as to separate or set apart from others; isolate or to require, often with force, the separation of a specific racial, religious, or other group from the body of society. Segregation has been a part of our American heritage, almost from the moment slaves arrived on the shores of the New World (Bowles, 2011). In 17th century Virginia, the theocratic government feared that racial mixing between freed and enslaved blacks and white indentured servants would become a means to usurp government power. They passed laws in which the color line was clearly defined in any criminal punishments. By treating whites and blacks separately and unequally, these Virginian leaders set up a system of white supremacy that would become an essential component of American slavery. Separation and segregation was the order of the day, with African Americans being forced to ride in separate railroad cars, have their own hotels and courthouses, and even get water out of their own drinking fountains. Their children could not attend the same schools with the White children. To further push the color-line, they then added in segregation with the Jim Crow Laws. This is mainly because the Whites were considered to be superior, and hence were thought to deserve better schools with better facilities. African Americans on the other hand were considered inferior, and hence their children attended low-quality schools that lacked adequate facilities (Sitkoff & Franklin, 2008). The Northern States, which had grew and prospered during the war, believed the former slaves to be equal as any other person. The Southern States, still angry over the loss of the war and their firm belief in White superiority, took a different approach. They created and enforced what were known as the Black Codes. These were legislations passed in Southern states to control labor, migration and other activities of the freed slaves. Black Codes allowed legal marriage, property ownership and limited access to the court systems. It prohibited them from testifying against whites, serving on juries or militias, voting and publicly expressing any form of legal concerns ( www. history. com). Any former slave that did not sign yearly labor contract with the plantation owners could be arrested and hired out. The Black codes in short allowed for the continued and legal discrimination against the former slaves (www. history. com). Congress quickly responded to these laws in 1866 and seized the initiative in remaking the south. Republicans wanted to ensure that with the remaking the south, freed blacks were made viable members of society. But the strong southern legislatures finally gave in; in 1868 they repealed most of the laws that discriminated against blacks. Things were starting to look up. But by 1877 Democratic parties regained their power of the south and ended reconstruction. In 1882, southern states passed Jim Crow laws that enforced strict segregation between blacks and whites and limited African-American civil rights. This was devastating to the blacks. After all the strides they made were reversed. From holding political offices, the right to vote, and participating as equal members of society was changed. The south gradually reinstated the racially discriminatory laws. The two main goals they wanted these laws to achieve: disenfranchisement and segregation. To take away the power that the blacks had gained, the Democratic Party began to stop Blacks from voting. There were many ways to stop blacks from voting. Some of these things were poll tax, which were fees were charged at voting booths and were expensive for most blacks, and the literacy test. Since teaching blacks were illegal, most adult blacks were former slaves and illiterate. And the other goal, segregation, causes the democrats to create laws that segregated the schools and public facilities. The Northern States, which had grew and prospered during the war, believed the former slaves to be equal as any other person. The Southern States, still angry over the loss of the war and their firm belief in White superiority, took a different approach. They created and enforced what were known as the Black Codes. These were legislations passed in Southern states to control labor, migration and other activities of the freed slaves. Black Codes allowed legal marriage, property ownership and limited access to the court systems. It prohibited them from testifying against whites, serving on juries or militias, voting and publicly expressing any form of legal concerns. Any former slave that did not sign yearly labor contract with the plantation owners could be arrested and hired out. The Black codes in short allowed for the continued and legal discrimination against the former slaves. Just like some African Americans activists fought this segregation, some Whites had some groups of their own to carry the segregation on and on. The Ku Klux Klan was one of them. The Ku Klux Klan, Knights of White Camellia, and other terrorists murdered thousands of blacks and some whites to prevent them from voting and participating in public life. The KKK was founded in 1865 to 1866. They directed their violence towards black landowners, politicians, and community leaders. They also did this to people who supported Republicans or racial equalities (Anti-Defamation League, 2012). After the abolishment of slavery in the U. S. the KKK formed. They hated blacks and would commit crimes against them. Murders, hangings, and lynches are just some of the crimes against the blacks (www. kkk. bz, n. d. ). The Ku Klux Klan claims to be just defending their people like other races do. What is a lynching? Lynching is a form of punishment with no legal permission. Most times lynching occurred against African Americans by hanging them. This was very popular during the Gilded Age after the American Civil War when African Americans were freed from slavery. Many White men would use lynching against Black men for being in a mixed relationship with a White woman. However, because lynching had no legal basis, it was thought to have been a tool that was used against freed slaves that had achieved financial stability and authority in order to remain a White-dominated nation. Lynching was most likely performed by White Supremacy groups like the KKK. Lynching was done by hanging or shooting, or both. However, many were of a more hideous nature. Burning at the stake, maiming, dismemberment, castration, and other brutal methods of physical torture are all part of a lynching. Lynching therefore was a cruel combination of racism and sadism, which was utilized primarily to sustain the caste system in the South. Many white people believed that Negroes could only be controlled by fear. To them, lynching was seen as the most effective means of control. Defending your people is one thing, but to torture another human being is inhuman. The KKK has several stories out there today on how they treated the blacks, whether they did anything wrong or not. For instance, a Louisiana woman is in critical condition after she was set on fire, resulting in burns on roughly 60 percent of her body, and her car appears to have had racial slurs written on it at the time of her attack (Mach, n. d. ). They had even gone as far as church bombings. The KKK launched a bomb into a church during a Sunday service, which left four innocent teenage girls dead. The men responsible hid behind the cloak of secrecy, intimidation and the white robes of the oldest terrorist organization in the world, the Ku Klux Klan (Gado, n. d. ). Therefore, until the Civil Rights Act of 1964, racial discrimination is an issue that was not seriously tackled. The act was a successful result of most wide-ranging civil rights legislation and Civil Rights Movements for close to a century (Finkelman, 2009). The act declared discrimination on the basis of color, race, ethnicity, religion, and many other aspects as unconstitutional. During the critical years from 1954 to 1963, a variety of leaders with different backgrounds, such as lawyers from the NAACP, women sitting on buses, ministers from southern black churches, militants from black power organizations, and youth from colleges had shaped the successful struggle toward black equality in America (Bowles, 2011). In 1896, the Supreme Court’s Plessy v. Ferguson decision established that â€Å"separate but equal† facilities for whites and blacks were allowable under the U. S. Constitution. Local governmental officials could designate separate public facilities like drinking fountains, restrooms, and schools. Even courthouses often had separate Bibles according to the defendant’s race. The problem was that separate usually meant unequal, and segregation subverted the freedom of every African American (Sundquist, 1993). Now, it is time for the African- Americans to fight back. The incident that made them want to make a difference was the Rosa Park bus ride. After a long day of work on December 1, 1955, Parks, feet hurt, looked forward to sitting on the bus for her ride home. At the time, there was a city ordinance stating that African Americans had to give up their seats on a train or bus if a white man asked for them. When a white man approached Parks and told her that he wanted her seat, she simply said no. Although she acted as a private citizen, her response was as an informed, committed member of the NAACP movement. The bus driver had asked Parks to move. When she did not, the bus driver said, â€Å"Look, woman, I told you I wanted the seat. Are you going to stand up? † When Parks again said no, the driver threatened, â€Å"If you don’t stand up, I’m going to have you arrested. † She gave no reply but at the next stop, Rosa was arrested (Garrow, 2004). A pastor known as Martin Luther King Jr., organized a boycott, the Montgomery bus boycott. King Jr. took this to a higher level and maintained and organized the Southern Christian Leadership Conference (SCLC), which coordinated similar bus boycotts in other cities. Shortly after the boycott, King had found a bomb on his porch. King went to Birmingham, Alabama, where he continued his nonviolent protests and marches. However, the police authorized force to disband King’s followers by using electric cattle prods, tear gas, and fire hoses (Bowles, 2011). King was arrested with the others, but upon his release from jail he went to Washington, D. C., where he and demonstrators met at the National Mall and addressed them with his famous â€Å"We Shall Overcome† speech on August 23, 1963. King’s words at the capital that day were a defining moment of the Civil Rights movement. Other demonstrations and civil disobedience campaigns sought to increase African-American voter registration and win better jobs. Malcolm X actively promoted the Black Muslim cause. Even after speaking about non-violence and wanting peace, Martin Luther King Jr. was assassinated. The civil rights movement dramatically increased participation of African- American voters in both the South and the North today. By the mid-70s some 4000 African-Americans have been elected to political office at all levels of government. Qualified African-Americans now have a wider range of opportunities than ever before. Whether you are White or African-American, each group has faced its own peculiar challenges on its approach to democracy (Rappaport, 2001). This racism is wrong and unconstitutional. The 13th Amendment is ratified, abolishing slavery, which some people still went against it. The 14th Amendment granted citizenship to the former slaves and forbade states from denying any person life, liberty, or property without due process of the law. The 14th Amendment also guaranteed equal protection of the law for all citizens. The 15th Amendment barred states from denying citizens the right to vote based on race, color, or previous servitude (Hertz, 2009). In a perfect world, everyone would be equal. The color of one’s skin, religious beliefs or sexual preference would mean nothing. We would accept everyone for whom and what they are. We would rejoice in the differences between each other instead of belittling, hating and discriminating against those differences. We don’t however live in a perfect world. We live in a world filled with distrust and hate. If we don’t know or understand it in our society, then it is wrong. It will be discriminated against in one form or another. We as a country have made major strides in overcoming racism, however we still have far to go. In conclusion, African Americans faced isolation, discrimination, and segregation during the post-construction period. Racial discrimination was also prevalent in the military where back soldiers were considered inferior to white soldiers and hence poorly trained and equipped. The issue of racial discrimination, isolation and segregation was not seriously tackled until the Civil Rights Act of 1964 was enacted. Civil rights activists such as Malcolm X and Martin Luther King Jr. organized the famous 1963 protest in Washington that eventually forced President John Kennedy to pass the Act. It is therefore, clear that the journey to end isolation, discrimination, and segregation to attain equality and civil rights has been hard but worthwhile. ? References Bowles, M. (2011). American History 1865- Present End of Isolation. San Diego, CA: Bridgepoint. Retrieved at: https://content.ashford. edu/books/AUHIS204. 11. 2 Finkelman, P. (2009) Encyclopedia of African American history, 1896-present, Madison Avenue, New York: Oxford University Press Rappaport, D. (2001). Martin’s Big Words: The Life of Dr. Martin Luther King, Jr. Sitkoff, H. , & Franklin, J. (2008) The Struggle for Black equality. Hill and Wang Publication http://www. adl. org/learn/ext_us/kkk/default. asp? LEARN_Cat=Extremism&LEARN_SubCat=Extremism_in_America&xpicked=4&item=kkk http://www. history. com/topics/black-codes Civil Rights Act of 1964 http://www. ourdocuments. gov/doc. php? doc=97&page=transcript.

Problems with E-Banking

The relevant statutes and cases 5 How the current legislations adequately 6 protect the consumers References 7 QUESTION: Analyse with relevant statutes and cases the problems with electronic banking and how the current legislations adequately protect the consumers overcoming these problems. ANSWER: The following are the problems with e-banking: 1. Time of payment:The opportunity for a customer to countermand or stop electronic payment is unclear. If the transfer is effective before the countermand is received, then the paying institution will have paid in accord with its mandate and is not liable to reverse or restore payment to the customer. Cheques are only paid or effective once cleared, and the paying bank holds records of the appropriate debit, however with EFT there are 5 possible times of payment: a. The time of transmission. b. The entering of the transfer instruction into the transfer system. c. The time of receipt of the transfer instruction by the paying institution. . The time when the recipient financial institution decides to accept the payment. e. The time when the recipient financial institution credits the sum to the account of its customer. 2. Malfunctions: ADIs accept liability for direct loss if there is a malfunction in the system. In the case where an electronic malfunction resulted in non-payment of an amount of money due under a charter party agreement, such that one of the parties lost the benefit of a ship charter, resulting in the loss of millions of dollars, it may result to indirect or consequential loss.The Uniform Commercial Code, in the USA, prohibits recovery of consequential damages from a recipient bank for a delayed or otherwise mishandled funds transfer unless there is express written agreement permitting recovery between the bank and its customer. 3. Evidence of transactions: EFT transactions are usually evidenced at the point of transaction by a document proffered to the customer. The problem arises with the unauthorized o r fraudulent use of the facility, this will result to the customer not discovering the unauthorized use until there is a periodic statement issued. . Security, fraud and liability: In accordance with cheques and bills, a customer is not ordinarily liable for losing a bill, cheque or cheque book or failing to check bank statements for inaccuracies; the duties owed by the customer to a bank are quite limited in scope. However in the case of debit and credit cards, the duties are quite different. The customer is under greater contractual duties regarding security and liability for fraud. He must keep the card in a safe place and is required to notify the bank immediately of its loss or theft. 5. Terms of contract:The terms of e-banking account are set by the ADI and are varied upon notice from time to time. Customers have little bargaining power and also problems with understanding the contractual obligations. To further illustrate this point, there is usually a â€Å"Conditions of Us e† document supplied with a debit or credit card but rarely is it understood, and as soon as the customer signs the card or first uses it, they are deemed to have accepted the card on these conditions. The relevant statutes and cases illustrating the problems with electronic banking: 1.ANZ vs Westpac (1988) 164 CLR 662, A meat company (Jakes) had an account with the branch of the Westpac Bank. At the relevant time the account was overdrawn in the amount of $67,000. A customer presented to ANZ a cheque in favour of Jakes for $14,000, but, by reason of clerial error, ANZ credited Jakes account with Westpac for $114,000. By the time ANZ notified Westpac for the error, Westpac had applied the money in reducing the overdraft and in honouring a number of Jakes’s cheques. Jakes paid back only $2,500 of the $100,000 before going into liquidation.ANZ brought an action against Westpac to recover the overpayment, however Westpac sought to rely on the defence of ministerial receipt . Bth parties acted on the basis of concessions made by Westpac that the reduction of the overdraft anad the payment of certain cheques which could have been dishonoured by Westpac at the time was notified of the mistake should be ignored for the purposes of determining whether the moneys had been applied. As a result of the concessions it was accepted by Westpac that it had not applied $17,021 of the payment and that it was liable to return this amount. . Mercedes Benz v ANZ and National Mutual Royal Savings Bank Ltd (Part 2), Mrs R was employed by the plaintiff as a payroll supervisor. By arrangement with the second defendant, she was given forms for opening accounts for new employees of the plaintiff, and she received cards and PINs for accessing those accounts. The plaintiff paid wages and commissions by issuing a cheque in favour of NMRB who then credited the appropriate accounts. There was virtually no supervision of Mrs R after her appointment, nor did the second defendant ev er question the creation of accounts.Mrs R defrauded the plaintiff company using several different schemes. For the purposes of the present note, the relevant scheme was to create accounts in fictitious names and then use those accounts for the deposit of cheques. How the current legislations adequately protect the consumers: To address these problems, a joint State and Federal Committee of Consumer Affairs Ministers prepared a Code of Conduct to be allowed by financial institutions. They were given some time to incorporate the Code into their standard EFT contracts or alternatively face legislation.After amendments recommended by the Trade Practices Commission in 1989, the Code was implemented along with the Australian Banking Ombudsman Scheme. The current Code is now part of ASIC’s scope of administration.REFERENCES: 1. Restitution law: By Sharon Erbacher pg. 639 2. Law 330 module 2 pg. 30-32 3. Cases and materials on the law of restitution:  By Andrew Burrows, Ewan McKen drick, James Edelman pg. 838 4. http://austlii. edu. au/~alan/mb2. html, Mercedes Benz v ANZ and National Mutual Royal Savings Bank Ltd (Part 2), accessed on 20/08/10.